Prime
Judge roots for transition justice Act
The deputy head of Inyrtnational Crimes Division (ICD) of the High Court, Justice Susan Okalany. Photo | File
What you need to know:
- Justice Okalany said the government through the ICD has demonstrated that it has the capacity to try cases like the one of former Lord’s Resistance Army commander Thomas Kwoyelo but they lack a trust fund for reparation and compensation. The sentencing phase of Kwoyelo is set to start on October 16.
The deputy head of International Crime Division (ICD) of the High Court, Justice Susan Okalany, has appealed to war victims to task their local governments and Members of Parliament (MPs) to fast track the passing of the Transitional Justice Bill.
Justice Okalany said the government through the ICD has demonstrated that it has the capacity to try cases like the one of former Lord’s Resistance Army commander Thomas Kwoyelo but they lack a trust fund for reparation and compensation. The sentencing phase of Kwoyelo is set to start on October 16.
The judge said the National Transitional Justice Policy was approved by Cabinet in 2019 but Parliament still needs to pass it.
“The transitional justice policy, which was passed in 2019 recognises victims as key participants in any process, post-conflict process, who deserve to be compensated and deserve to receive reparation,” she said.
She added: “...we are a division of the High Court and under our establishment, we do not have provision for a trust fund for victims.”
Justice Okalany said it is the main reason they are telling the victims that the court is going to hear the applications of victims for compensation or reparation during the sentencing hearing and make relevant orders.
“The policy recognises the need for that kind of compensation but the mechanism is missing up to now. There is no mechanism of compensation for victims, so if court orders, I believe the government will find a way to provide such compensation to victims,” she said.
Justice Okalany, however, said the Minister of Justice and Constitutional Affairs, Mr Norbert Mao is championing the move to fast-track the passing of the policy into an Act.
“I have attended consultation meetings with other judges and I am aware that there is a draft from his feedback that he gave in one of those consultative meetings. There is a draft Transitional Justice Act which is meant to address all these things,” she said.
Mr Henry Kilama Komakech, the victims’ lawyer in the Kwoyelo’s case, welcomed the judge’s remark, noting that the Act will guide the judges and government in this case.
